A family in Narok is seeking justice after a woman, Mellen Mogaka, was assaulted for allegedly refusing to pour soil into her late husband’s grave during his burial in Kisii.
The incident, captured in a viral video, has sparked public outrage.
Mellen was reportedly attacked by three men on Friday in Nyabisimba village while attending the funeral. Her husband's family allegedly opposed her decision to leave her matrimonial home. The distressing video shows Mellen crying for help as she endured physical assault.
While recovering from her injuries at home, Mellen recalled the traumatic experience, stating that she and her parents were also targeted. Her father, Nehemiah Matundura, and mother, Jelia Kerubo, described the ordeal as degrading and inhumane.
Despite the backlash, some Gusii elders defended the act, citing cultural traditions. Senior elder Obino Nyambane dismissed human rights concerns, emphasizing the importance of respecting customs.
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However, legal experts highlight that such acts constitute gender-based violence, which is criminalized under various legal frameworks, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). According to Section 250 of the Penal Code, any unlawful assault is classified as a misdemeanor, punishable by imprisonment.
In response to the widespread condemnation, the Directorate of Criminal Investigations (DCI) confirmed the arrest of three suspects: Lameck Osoro, Robert Sarudi, and Bismark Sarudi. They are set to be arraigned in court to face assault charges.
The case has reignited discussions on the balance between cultural practices and human rights, with many advocating for justice for Mellen.
